JUDGMENT :

1. The petitioners have sought a direction upon respondents No.5 and 6 to de-seal their petroleum outlet and to allow them to install/operate the petroleum outlet at Shahpora Ganderbal.

2. It appears that the petitioners had applied for retail outlet dealership of petroleum pump at the site “within three kilometers from Beehama Chowk towards Vail Ganderbal” vide their application dated 19th December, 2018. Respondent No.3-Hindustan Petroleum Corporation Limited, informed the petitioners vide its letter dated 12.02.2019 that they have been selected for the purpose. After completing the requisite formalities as were required to be done, the petitioners offered a piece of land measuring 30 meters frontage X 30 meters in depth in Khasra No.333/101-min and 454/100-min situated at Village Shahpora Tehsil and District Ganderbal for setting up the petroleum outlet. The said land was found to be suitable, whereafter respondent No.2, vide his communication dated 25.07.2019, requested respondent No.5-Deputy Commissioner, Ganderbal to grant No Objection Certificate for installation of the retail outlet/petrol pump on the land offered by the petitioners. Accordingly, respondent Deputy Commissioner, vide his letter dated 2nd August, 2019 sought comments from various departments including the Traffic, PWD (R&B), PHE Department, Power Development Department, Irrigation and Flood Control Division, Ganderbal, Pollution Control Board, Ganderbal and Fire & Emergency Services, Ganderbal. After receiving the comments of these departments, the respondent Deputy Commissioner vide his communication dated 28th July, 2022, issued No Objection Certificate for installation of the retail petroleum outlet at the site offered by the petitioners subject to certain conditions, one of which related to change of land use permission from the competent authority.

3. The petitioners claim that they applied for change of land use with the office of Deputy Commissioner, Ganderbal, and the said office, after getting report from concerned Naib Tehsildar and Tehsildar, reverted the application of the petitioners for change of land use with the remarks that the competent authority for change of land use permission and building permission in the area in question is the concerned Development Authority as the area is covered under Master Plan 2035 of Srinagar Development Authority. The petitioners claim that they approached the Srinagar Development Authority for change of land use, but they were informed that land use Regulations are contained in the Master Plan 2035 itself and the same cannot be changed.

4. It is claimed by the petitioners that as per Master Plan 2035, the public utilities like petrol pump are permissible to be established on agricultural land, as such, change of land use is not required for establishment of petrol pump at the site offered. It is contended that despite this position of law, the official respondents are interfering in the installation of petroleum retail outlet at the aforesaid site and respondent No.6 has sealed the petrol pump without even passing any order to this effect. It is contended that the said respondent has no power or authority to do so.

5. Reply to the writ petition has been filed by respondent No.5, wherein it has been submitted that as per report of the Naib Tehsildar, Ganderbal, the petitioners have raised unauthorized construction of petrol pump on the land under Survey No.530, 330, 101, 609, 454/100 at Shahpora. It has been submitted that the petitioners have been asked to get proper permission for the change of land use, but they have failed to do so, as a result of which they were asked to stop construction on spot.

6. An application was made by one Tassaduq Hussain Khan S/o Sher Ali Khan for his impleadment as a party to the writ petition in which it has been submitted that the petitioners have not obtained requisite permissions and clearances before installing the petrol pump and that they have violated basic nor